Chapter 05 (Case Law) Flashcards
What is Ratio Decidendi?
Definition:
- Latin for “The reason for the decision”, not OUTCOME
- The legal principle of the case
- Involes facts, rules and decisions
What is a precedent?
It contains one or more principles of law/ rule
Decision from previous case
Has a desired outcome
3 requirements of binding precedent
- A system of law reports
- A hierarchy of courts
- The rules of precedent
What does stare decisis mean?
Can be for Doctrin of Binding Precedent too
- Requires courts to follow legal principles established in previous decisions
- Higher court decisions are binding on lower courts within the same jurisdiction
- Only the legal reasoning (ratio decidendi) of a prior case is binding, not the entire judgment.
What can precedent be?
Binding:
- Judicial decision that the later courts must follow
Persuasive:
- The decision later judge is entitled to refuse to follow
What is Privy Counsil?
-BEFORE+AFTER-
Before 1 July 1997
- The Privy Council served as its highest appellate court
- Binding on all lower courts
- Had the ultimate judicial authority, making its rulings compulsory
After 1 July 1997
- Still continue but no longer binding
- Still highly persuasive
What is Horizontal Stare Decisis?
- A court is not bound to its own previous decisions.
- Ensures consistency and stability within the same court over time.
- Commonly applied in courts at the same level
What is Vertical Stare Decisis?
There are 2 binding precedents
Court will follow the later decision
What is Obiter Dicta?
- Remarks or observations made by a judge that are not essential to the decision.
- Not legally binding on future cases.
- Provides insight into the judge’s thinking and may influence future legal reasoning.
What is overruling
- A lower court cannot overrule a higher court
- If the proposition of law stated in earlier case is wrong
- Not used as a legal authority
Advantages and disadvantages of precedent
Advantages:
- Certainty
- Predictable and consistent
Disadvantages:
- Injustice and impeding the development of law
- Not sufficient and flexible
What is reversing?
- Higher court sets aside the decision of lower court on same case
- the court will reverse a decision of lower court without overruling the principle used in the court
What is distinguishing?
- A court is not bound to follow a precedent that is distinguishable
- Distinguishing the facts can help you avoid an outdated precedent
